• Title/Summary/Keyword: 역할 충돌

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The review of the 2016 amended Korean Mental Health promotion Act from the Perspective of Human Rights and Inclusion of Persons with Mental Disabilities (정신장애인의 인권과 지역사회통합의 관점에서 본 2016년 정신건강증진법의 평가와 과제)

  • Park, Inhwan
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.209-279
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    • 2016
  • The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

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A Study on Postconventional Christian Education for Intercultural Conflict Resolution (문화 간 갈등해소를 위한 탈인습적 기독교교육에 관한 연구)

  • Kim, Jinyoung
    • Journal of Christian Education in Korea
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    • v.62
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    • pp.257-283
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    • 2020
  • Our current society is experiencing a mass upheaval through globalization: mobility, hybridity, and cultural diversity are part of this world phenomenon. We can say that these changes are a result of people crossing borders due to international travel, immigration, emigration, studying abroad, labor, international marriages, fast and comfortable transportation, and the Internet. According to 2018 UNPD(Untied Nations Population Division)'s data, the international migrants have exceeded 258 million as of 2017. The increased number of migrants signifies that people with various backgrounds move from their own culture to a drastically different one. Interacting with different cultures can give people the chance to experience abundant lifestyles and improve life qualities. During that process, however, the differences between cultures can cause not only misunderstandings, conflicts, and violent collisions, but also xenophobia or radical nationalism. The current society is confronted with a problem: the people cannot stubbornly cling to a homogenous ethnicity anymore, which makes the coexistence between the citizens and immigrants necessary. Through these circumstances, I aim to suggest an educational model and a practical curriculum from a Christian perspective as the aim of this study. It seeks to encourage Christians to flexibly respond to these conflicts and collisions, and to fulfill their social responsibilities faithfully. For this reason, I will explore and seek sharing practical values through both shalom's communality as a theological approach and postconventionality in mature adults as a social-scientific approach. Consequently, I have few requests for the readers. First, approach with openness, understanding, and respect for other culture. Second, see this study as one step of confronting the global problem for coexistence and coprosperity of all social agents in the earth, a limited space. Third, notice that this study uses the interdisciplinary approach (theological and social scientific view) for a shareable, practical value that consistently leads the curriculum of my thesis, and a scientific method to eliminate bias. Lastly, understand that this study will eventually be used in educational practice, and as a result it prioritizes giving thought to the Christian educational environment. This study begins by exploring the conflicts and collisions between diverse cultures of our current society in international and national cases. Afterwards, I will reflect on how we can manage these conflicts and collisions by exploring the social-scientific view, postconventionality in mature adults, the theological view, and shalom's communality as a complement for the postconventionality's personal dimension. In conclusion, I suggest a curriculum that achieves peace as a practical value based on postventionality and shalom's communality for this study's goal.

Neotectonic Crustal Deformation and Current Stress Field in the Korean Peninsula and Their Tectonic Implications: A Review (한반도 신기 지각변형과 현생 응력장 그리고 지구조적 의미: 논평)

  • Kim, Min-Cheol;Jung, Soohwan;Yoon, Sangwon;Jeong, Rae-Yoon;Song, Cheol Woo;Son, Moon
    • The Journal of the Petrological Society of Korea
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    • v.25 no.3
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    • pp.169-193
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    • 2016
  • In order to characterize the Neotectonic crustal deformation and current stress field in and around the Korean Peninsula and to interpret their tectonic implications, this paper synthetically analyzes the previous Quaternary fault and focal mechanism solution data and recent geotechnical in-situ stress data and examines the characteristics of crustal deformations and tectonic settings in and around East Asia after the Miocene. Most of the Quaternary fault outcrops in SE Korea occur along major inherited fault zones and show a NS-striking top-to-the-west thrust geometry, indicating that the faults were produced by local reactivation of appropriately oriented preexisting weaknesses under EW-trending pure compressional stress field. The focal mechanism solutions in and around the Korean Peninsula disclose that strike-slip faulting containing some reverse-slip component and reverse-slip faulting are significantly dominant on land and in sea area, respectively. The P-axes are horizontally clustered in ENE-WSW direction, whereas the T-axes are girdle-distributed in NNW direction. The geotechnical in-situ stress data in South Korea also indicate the ENE-trending maximum horizontal stress. The current crustal deformation in the Korean Peninsula is thus characterized by crustal contraction under regional ENE-WSW or E-W compression stress field. Based on the regional stress trajectories in and around East Asia, the current stress regime is interpreted to have resulted from the cooperation of westward shallow subduction of the Pacific Plate and collision of Indian and Eurasian continents, whereas the Philippine Sea plate have not a decisive effect on the stress-regime in the Korean Peninsula due to its high-angle subduction that resulted in dominant crust extension of the back-arc region. It is also interpreted that the Neotectonic crustal deformation and present-day tectonic setting of East Asia commenced with the change of the Pacific Plate motion during 5~3.2 Ma.

A Comparative Study on the Technical Capabilities of General Motors and Hyundai Motor's Joint Venture Research Institutes in China (GM과 현대자동차의 중국 내 합작 연구소의 기술적 능력에 관한 비교 연구)

  • Hwang, Hyunil;Oh, Joongsan
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.367-408
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    • 2018
  • This study examines the features of globalization process in GM and Hyundai Motors, especially in the expansion into China auto market, through a joint venture(hereafter JV) research center. Due to the large scale market in China and the 50:50 JV, the two companies had to respond in some way to the Chinese government's request for localization of research and development functions, and their response affected the role of the JV research center. Even though the improvement in technological capability expected from the JV by the Chinese side did not appear well in the early stage in both JV, but relatively the Shanghai GM JV research center had a technological progress compared to the Beijing Hyundai JV research center. This paper explains the differences in the technical capabilities of the two JV research center, despite the same type of JV, as the difference between the status of the Chinese partner and the global strategy of the parent company. SAIC, a Chinese partner in Shanghai GM as a top-tier company, not only has been strongly demanding technology transfer from GM since the beginning of the JV, but has also made efforts to improve its own technical capabilities. Meanwhile, BAIC, a Chines partner in Beijing Hyundai as a mid-tier company, has not been strongly demanding technology transfer and lacked its own research base. Regarding the parent company's global strategy, although both companies controlled the core areas of research and development by their parent companies, GM actively considered using the Chinese RV to develop Chinese and emerging country vehicles. On the other hand, Hyundai Motors responded to the localization demand of the Chinese government while paying more attention to preventing technology leakage through its independent research center in China. The above discussion shows that the process of globalization of a company is a political process in which the global strategy of the parent company and the demands of the stakeholders surrounding the subsidiary are collided and compromised, rather than a process in which the harmony and cooperation between the parent company and its subsidiaries are smoothly achieved as the parent company's policies are unilaterally implemented.

The 50th Anniversary of the UNESCO World Heritage Convention: present status and challenges (유네스코 세계유산 협약 50주년, 현재 및 과제)

  • LEE Hyunkyung ;YOO Heejun ;NAM Sumi
    • Korean Journal of Heritage: History & Science
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    • v.56 no.2
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    • pp.264-279
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    • 2023
  • The 50th anniversary of the UNESCO World Heritage Convention was in 2022. In order to reflect on the present and future of the meaning of World Heritage, this paper examines the development and changes of the UNESCO World Heritage system. After promulgating the convention in 1972, the UNESCO World Heritage system prioritized the protection of heritage sites in the world that were at risk due to armed conflicts and natural disasters to bequeath heritage to the next generation. In addition, the UNESCO World Heritage's emphasis on Outstanding Universal Value represents the particular culture of human beings formed during a certain period of time, and acts as a significant source of soft power in public diplomacy. The UNESCO World Heritage might be perceived as a shared heritage that has not only become a channel to understand various national values, but also an effective medium to convey one of UNESCO's main principles, that is, peacebuilding. However, the UNESCO World Heritage is now at the center of conflicts of heritage interpretation between many stakeholders related to invisible wars, such as cultural wars, memory wars, and history wars as the social, political, and cultural contexts concerning World Heritage have dramatically shifted with the passing of time. Paying attention to such changing contexts, this paper seeks to understand the main developments in UNESCO World Heritage's discourse concerning changes to the World Heritage Operation Guidelines and heritage experts' meetings by dividing its 50-year history into five phases. Next, this paper analyzes the main shifts in keywords related to UNESCO World Heritage through UNESDOC, which is a platform on which all UNESCO publications are available. Finally, this paper discusses three main changes of UNESCO World Heritage: 1) changes in focus in World Heritage inscriptions, 2) changes in perception of World Heritage protection, and 3) changes of view on the role of the stakeholders in World Heritage. It suggests new emerging issues regarding heritage interpretation and ethics, climate change, and human rights.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Recent Research for the Seismic Activities and Crustal Velocity Structure (국내 지진활동 및 지각구조 연구동향)

  • Kim, Sung-Kyun;Jun, Myung-Soon;Jeon, Jeong-Soo
    • Economic and Environmental Geology
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    • v.39 no.4 s.179
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    • pp.369-384
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    • 2006
  • Korean Peninsula, located on the southeastern part of Eurasian plate, belongs to the intraplate region. The characteristics of intraplate earthquake show the low and rare seismicity and the sparse and irregular distribution of epicenters comparing to interplate earthquake. To evaluate the exact seismic activity in intraplate region, long-term seismic data including historical earthquake data should be archived. Fortunately the long-term historical earthquake records about 2,000 years are available in Korea Peninsula. By the analysis of this historical and instrumental earthquake data, seismic activity was very high in 16-18 centuries and is more active at the Yellow sea area than East sea area. Comparing to the high seismic activity of the north-eastern China in 16-18 centuries, it is inferred that seismic activity in two regions shows close relationship. Also general trend of epicenter distribution shows the SE-NW direction. In Korea Peninsula, the first seismic station was installed at Incheon in 1905 and 5 additional seismic stations were installed till 1943. There was no seismic station from 1945 to 1962, but a World Wide Standardized Seismograph was installed at Seoul in 1963. In 1990, Korean Meteorological Adminstration(KMA) had established centralized modem seismic network in real-time, consisted of 12 stations. After that time, many institutes tried to expand their own seismic networks in Korea Peninsula. Now KMA operates 35 velocity-type seismic stations and 75 accelerometers and Korea Institute of Geoscience and Mineral Resources operates 32 and 16 stations, respectively. Korea Institute of Nuclear Safety and Korea Electric Power Research Institute operate 4 and 13 stations, consisted of velocity-type and accelerometer. In and around the Korean Peninsula, 27 intraplate earthquake mechanisms since 1936 were analyzed to understand the regional stress orientation and tectonics. These earthquakes are largest ones in this century and may represent the characteristics of earthquake in this region. Focal mechanism of these earthquakes show predominant strike-slip faulting with small amount of thrust components. The average P-axis is almost horizontal ENE-WSW. In north-eastern China, strike-slip faulting is dominant and nearly horizontal average P-axis in ENE-WSW is very similar with the Korean Peninsula. On the other hand, in the eastern part of East Sea, thrust faulting is dominant and average P-axis is horizontal with ESE-WNW. This indicate that not only the subducting Pacific Plate in east but also the indenting Indian Plate controls earthquake mechanism in the far east of the Eurasian Plate. Crustal velocity model is very important to determine the hypocenters of the local earthquakes. But the crust model in and around Korean Peninsula is not clear till now, because the sufficient seismic data could not accumulated. To solve this problem, reflection and refraction seismic survey and seismic wave analysis method were simultaneously applied to two long cross-section traversing the southern Korean Peninsula since 2002. This survey should be continuously conducted.